RETVA v. FINLAND

This Part of this Schedule applies in relation to guidance referred to in section 6(5).

Before issuing the guidance, the Minister must—

The Minister may— A reference to guidance includes a reference to guidance which has been revised and re-issued.

This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water. It is never reasonable for A to have to take a step which would— But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is— In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h). A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers. For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of— For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature. In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement. A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle. Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description.

Section 29 does not apply to the exercise of— Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.

Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces. “Relevant discrimination” is—

A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if— A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

This paragraph applies in relation to race discrimination so far as relating to— Section 29 does not apply to anything done by a relevant person in the exercise of relevant functions. A relevant person is— A relevant authorisation is a requirement imposed or express authorisation given— “Relevant functions” means functions exercisable by virtue of — The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

This Part of this Schedule applies in relation to disability discrimination.

This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part of this Act.

This paragraph applies where A is an employer. Relevant matter Description of disabled person Deciding to whom to offer employment. A person who is, or has notified A that the person may be, an applicant for the employment. Employment by A. An applicant for employment by A. An employee of A’s. Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work. In relation to the first requirement (as it applies for the purposes of sub-paragraph (2))— In relation to the second requirement (as it applies for the purposes of sub-paragraph (2))— In relation to the third requirement (as it applies for the purposes of sub-paragraph (2))—

This paragraph applies where A is an LLP or a proposed LLP. Relevant matter Description of disabled person Deciding to whom to offer a position as a member. A person who is, or has notified A that the person may be, a candidate for the position. A position as a member. A candidate for the position. The member who holds the position. Where an LLP or proposed LLP (A) is required by this Schedule to take a step in relation to an interested disabled person (B)—

This paragraph applies where A is a person who has the power to make an appointment to a personal or public office. Relevant matter Description of disabled person Deciding to whom to offer the appointment. A person who is, or has notified A that the person may be, seeking the appointment. A person who is being considered for the appointment. Appointment to the office. A person who is seeking, or being considered for, appointment to the office.

A Minister of the Crown may by order amend this Part of this Schedule— The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination. Before making an order under this paragraph the Minister must consult—

This paragraph applies where A is the responsible body of an institution to which section 91 applies. A must comply with the first, second and third requirements. For the purposes of this paragraph— In relation to each requirement, the relevant matters are—

In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006.

This paragraph applies if appeal arrangements have been made in relation to admissions decisions. A claim that a responsible body has, because of a person’s disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements. The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements. Appeal arrangements are arrangements under— enabling an appeal to be made by the person’s parent against the decision. An admissions decision is—

This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act— A (or a disabled person with an interest in the alteration being made) may refer the matter to a county court or, in Scotland, the sheriff. The county court or sheriff must determine whether the refusal or condition is unreasonable. If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff—

An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule.

Part 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows.

This paragraph applies where A is a relevant person in relation to a personal or public office. Relevant matter Description of disabled person Appointment to the office. A person appointed to the office.

An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column. Case Description of disabled person Deciding upon whom to confer a qualification. A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. A qualification that A confers. An applicant for the conferment by A of the qualification. A person on whom A confers the qualification. A provision, criterion or practice does not include the application of a competence standard. A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.

In section 17 (local and other public authority contracts: exclusion of non-commercial considerations)—

This paragraph applies where A is a person who has the power to make a recommendation for, or give approval to, an appointment to a public office. Relevant matter Description of disabled person Deciding who to recommend or approve for appointment to the office. A person who is, or has notified A that the person may be, seeking recommendation or approval for appointment to the office. A person who is being considered for recommendation or approval for appointment to the office. An appointment to the office. A person who is seeking, or being considered for, appointment to the office in question.

Omit section 18 (exceptions to section 17 relating to race relations matters).

In relation to the second requirement in a case within paragraph 11, 12 or 13, the reference in paragraph 2(2)(b) to premises occupied by A is to be read as a reference to premises—

In section 19 (provisions supplementary to or consequential on section 17) omit subsection (10).

Section 29 does not apply to preparing, making or considering— Section 29 does not apply to preparing, making, approving or considering— Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by— Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies. Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by— Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

Section 29 does not apply to—

A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim. The matters are—

A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know— An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly). Description of A Applicant An employer An applicant for employment A firm or proposed firm A candidate for a position as a partner An LLP or proposed LLP A candidate for a position as a member A barrister or barrister’s clerk An applicant for a pupillage or tenancy An advocate or advocate’s clerk An applicant for being taken as an advocate’s devil or for becoming a member of a stable A relevant person in relation to a personal or public office A person who is seeking appointment to, or recommendation or approval for appointment to, the office A qualifications body An applicant for the conferment of a relevant qualification An employment service-provider An applicant for the provision of an employment service A trade organisation An applicant for membership If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay. The reference in sub-paragraph (1) to benefit from the terms of a woman’s employment relating to pay does not include a reference to— For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave. A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally. “Pay” means benefits— “Maternity-related pay” means pay to which a woman is entitled—

It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if— “Relevant discrimination” is—

This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body— This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)— The schools are— This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned— If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to— A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body. A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter— This sub-paragraph applies if— A direction— The appropriate authority is—

Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to—

If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution. A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises— Paragraph 3 applies in relation to the making of a transitional exemption order. The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — it does not admit a person as a student because of the person’s sex. The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — it discriminates in the arrangements it makes for deciding who is offered admission as a student.

This paragraph applies to a trust deed or other instrument— Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination. The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction. If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect. Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order. The Minister must require the applicant to publish a notice— The period must be not less than one month beginning with the day after the date of the notice. The applicant must publish the notice in the manner specified by the Minister. The cost of publication may be paid out of the property of the trust. Before making the order, the Minister must take account of representations made in accordance with the notice.

A must comply with the first, second and third requirements. For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons who— Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted— In relation to the first and third requirements, the relevant matters are— In relation to the second requirement, the relevant matters are— In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of or for the purpose of providing a benefit, facility or service, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies). Nothing in this paragraph requires A to take a step which would fundamentally alter— Nor does anything in this paragraph require a member or associate in whose house meetings of the association take place to make adjustments to a physical feature of the house.

Regulations may make provision as to compliance assessments. The regulations— For the purposes of any provisions in the regulations made by virtue of sub-paragraph (2)(b), the regulations— For the purposes of sub-paragraph (3)(b) to (d) a compliance assessment includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying out of particular proposed work).

If the Secretary of State thinks that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which the use of the vehicle is required to conform, the Secretary of State may give the operator of the vehicle a notice— The improvement deadline may not be earlier than the end of the prescribed period beginning with the day the notice is given. Sub-paragraph (4) applies if— The Secretary of State may give the operator a further notice— The final deadline may not be earlier than the end of the prescribed period beginning with the day the further notice is given. The Secretary of State may require the operator to pay a penalty if—

In this paragraph and paragraphs 10 to 12 “penalty” means a penalty under this Schedule. The amount of a penalty must not exceed whichever is the lesser of— Turnover is to be determined by such means as are prescribed. A penalty must be paid to the Secretary of State before the end of the prescribed period. A sum payable as a penalty may be recovered as a debt due to the Secretary of State. In proceedings for recovery of a penalty no question may be raised as to— Sums paid to the Secretary of State as a penalty must be paid into the Consolidated Fund.

A person may appeal to the court against a penalty on the ground that— The court may— An appeal under this section is a re-hearing of the Secretary of State’s decision and is to be determined having regard to— An appeal may be brought under this section whether or not— In this section “the court” is— The sheriff may transfer the proceedings to the Court of Session. If the sheriff makes a determination under sub-paragraph (2), a party to the proceedings may appeal against the determination on a point of law to—

In this Schedule— If an exemption order under section 183 authorises the use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, a reference in this Schedule to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform does not, in relation to the vehicle, include a reference to that provision.

This paragraph applies where a person concerned with the provision of an information society service (an “information society service provider”) is established in Great Britain. This Act applies to anything done by the person in an EEA state (other than the United Kingdom) in providing the service as this Act would apply if the act in question were done by the person in Great Britain.

An information society service provider does not contravene this Act only by doing anything in providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if— Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority of the control of the service provider.

The Equality Act 2006 is amended as follows.

In the case of a single-sex institution— An application under sub-paragraph (1) must specify— The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—

This paragraph applies where an information society service provider is established in an EEA state (other than the United Kingdom). This Act does not apply to anything done by the person in providing the service.

Section 8 (equality and diversity) is amended as follows. In subsection (1)— In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute “Equality Act 2010”.

In section 10(2) (meaning of group) for paragraph (d) substitute—.

For section 11(3)(c) (interpretation) substitute—

Section 14 (codes of practice) is amended as follows. For subsection (1) substitute— In subsection (2)(a) for “a provision or enactment listed in subsection (1)” substitute “the Equality Act 2010 or an enactment made under that Act”. In subsection (3)— In subsection (5)(a) for “listed in subsection (1)” substitute “a matter addressed by the Equality Act 2010”. In subsection (9) for “section 76A” to “duties)” substitute “section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty)”.

In section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “Equality Act 2010”.

In section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “Equality Act 2010”.

After section 24 insert—

Omit section 25 (restraint of unlawful advertising etc.).

Omit section 26 (supplemental).

Section 27 (conciliation) is amended as follows. For subsection (1) (disputes in relation to which the Commission may make arrangements for the provision of conciliation services) substitute—

Section 28 (legal assistance) is amended as follows. In subsection (1)— In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50) (public” substitute “Part 12 of the Equality Act 2010 (disabled persons:”. In subsection (6)— In subsection (7)— In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)” substitute “Part 12 of the Equality Act 2010”. In subsection (9) for “equality enactments” substitute “Equality Act 2010”. In subsection (12)—

For section 31(1) (duties in respect of which Commission may assess compliance) substitute—

Section 32 (public sector duties: compliance notice) is amended as follows. For subsection (1) substitute— In subsection (4) for “section 76A” to “Disability Discrimination Act 1995” substitute “section 149 of the Equality Act 2010”. In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995 (c. 50)” substitute “section 149 of the Equality Act 2010”. In subsection (9)(b) for “in any other case” substitute “where the notice related to a duty by virtue of section 153 or 154 of that Act”. In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” substitute “section 153 or 154 of the Equality Act 2010”.

Omit section 33 (equality and human rights enactments).

Section 34 (meaning of unlawful) is amended as follows. In subsection (1) for “equality enactments” substitute “Equality Act 2010”. In subsection (2)—

Section 35 (general: definitions) is amended as follows. In the definition of “religion or belief”, for “Part 2 (as defined by section 44)” substitute “section 10 of the Equality Act 2010”. For the definition of “sexual orientation” substitute—

In section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “or 27(10)”.

Omit section 43 (transitional: rented housing in Scotland).

Omit Part 2 (discrimination on grounds of religion or belief).

Omit section 81 (regulations).

Omit Part 4 (public functions).

In section 94(3) (extent: Northern Ireland)—

Schedule 1 (the Commission: constitution, etc.) is amended as follows. In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the Equality Act 2010, in so far as they relate to disability”. In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)” substitute “Part 5 of the Equality Act 2010”. In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995” substitute “Part 5 of the Equality Act 2010”.

In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56.

This paragraph applies where A is the responsible body of a school to which section 85 applies. A must comply with the first and third requirements. For the purposes of this paragraph— In relation to each requirement, the relevant matters are—

This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies. A must comply with the first, second and third requirements. For the purposes of this paragraph— In relation to each requirement, the relevant matter is A’s arrangements for providing the recreational or training facilities.

This paragraph applies where A is a qualifications body for the purposes of section 96. Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body. This paragraph is subject to section 96(7).

Section 149 does not apply to the exercise of— The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.

A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender). A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship. A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if— The condition is that only persons of that sex have need of the service. The condition is that— The condition is that— The condition is that the service is provided at a place which is, or is part of— The condition is that— The condition is that— This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

If a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)—

This paragraph applies where A is a controller of let premises. A must comply with the first and third requirements. For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A’s includes a reference to a term of the letting. For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— In relation to each requirement, the relevant matters are— Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid. If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage. It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature. For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature— The terms of a letting include the terms of an agreement relating to it.

This paragraph applies where A is a responsible person in relation to common parts. A must comply with the second requirement. For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts. For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who— and uses or intends to use the premises as the person’s only or main home. In relation to the second requirement, the relevant matter is the use of the common parts. Sub-paragraph (2) applies only if—

This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c). A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment—

This paragraph applies where— Relevant matter Description of disabled person Deciding to whom to offer to provide the service. A person who is, or has notified A that the person may be, an applicant for the provision of the service. Provision by A of the service. A person who applies to A for the provision of the service. A person to whom A provides the service.

This paragraph applies where A is, in relation to an occupational pension scheme, a responsible person within the meaning of section 61. Relevant matter Description of disabled person Carrying out A’s functions in relation to the scheme. A person who is or may be a member of the scheme.

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— The provisions are— The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read— In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces. A relevant requirement is— This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces.

A person does not contravene section 39(1)(a) or (c), so far as relating to age, in a case where the other person— The age limit is whichever is the greater of— The reference to the normal retirement age is to be construed in accordance with section 98ZH of the Employment Rights Act 1996.

It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does. An apprentice is a person who—

A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. The relevant provisions are— Facilitating the provision of care for a child includes— A child is a person who has not attained the age of 17. A reference to care includes a reference to supervision.

A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not married from having access to a benefit, facility or service— A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.

A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection. In relation to England and Wales, a permitted form of selection is— In relation to Scotland, a permitted form of selection is— “Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.

This paragraph applies where A is the responsible body in relation to a course to which section 92 applies. A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement. For the purposes of this paragraph— In relation to each requirement, the relevant matters are—

This paragraph applies if a person has made a confidentiality request of which A is aware. In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request. In a case within paragraph 2, a “confidentiality request” is a request— The first condition is that the request is made by the person’s parent. The second condition is that— In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person’s disability be treated as confidential.

This paragraph applies to an educational endowment— Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination. The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction. If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment— The period must be not less than one month beginning with the day after the date of publication of the notice. The cost of publication is to be paid out of the funds of the endowment to which the notice relates. Before making an order, the Scottish Ministers— A reference to an educational endowment includes a reference to— Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part.

Section 149, so far as relating to age, does not apply to the exercise of a function relating to— “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6.

Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to— Those persons are— Those functions are—